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Results: 1-10 of 165

Employer could terminate for failure to follow reasonable instructions
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • April 9 2010

The Court of Appeal has held that an employee's failure to follow instructions and report a significant risk issue undermined trust and confidence to such an extent that the employer was entitled to terminate the employee's employment without notice (Dunn v AAH Ltd


Date of resignation cannot be backdated
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • July 8 2010

The Employment Appeal Tribunal (EAT) has, in the case of Heaven v Whitbread Group plc, provided guidance on how the effective date of termination (EDT) of employment should be determined


Employer not penalised for mistaken belief about the application of TUPE
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • November 12 2009

Not the main dispute between the Royal Mail and trade unions but an interesting sideshow nevertheless and another victory for the employer: the Court of Appeal has upheld the EAT's decision in Royal Mail Group Ltd v Communication Workers Union, that an employer which genuinely but mistakenly believes that employees will not transfer under TUPE will not automatically be in breach of the requirement under TUPE to inform and consult for providing what turns out to be incorrect information


Employer faces jail for perjury in the tribunal
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • December 10 2009

In a warning shot to anyone tempted to be overly creative in the discovery of documents or to avoid the truth in order to bolster their defence to a claim, an individual has been sentenced to 4 months in prison for perverting the course of justice during employment tribunal proceedings


Protection of volunteers - discrimination and unfair dismissal
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • December 10 2009

Two recent cases have confirmed that a genuine volunteer does not have the protection of the law on discrimination or unfair dismissal


Meaning of "occupied premises" for purposes of car pool tax exemption
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • September 10 2010

Providing a company car to an employee is treated as a taxable benefit but there is an exemption to the general rule where the car provided by the employer is used as a "pool car"


Establishing the effective date of termination (EDT)
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • August 13 2010

Many employers may have faced the situation where notice is given but the employee leaves before the notice period expires


BA flight attendants claim race discrimination on removal of travel perks
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • August 13 2010

We recently considered the lawfulness of BA's threat to withdraw discounted travel perks from its striking employees


Garden leave: no obligation to provide work where employee in breach of duty of good faith
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • January 14 2010

In Standard Life Health Care Ltd v Gorman and others, the Court of Appeal upheld an injunction (interdict) preventing agents who were paid on a commission only basis from joining a competitor until the end of their notice periods


Dismissal based on unproven allegations can be fair
  • Shepherd and Wedderburn LLP
  • United Kingdom
  • April 9 2010

The EAT has held that a public authority fairly dismissed a career civil servant in reliance on a police disclosure relating to alleged sexual abuse of children, even though the alleged conduct had not been proven and did not have a direct relationship with the employee's work (A v B